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Terms & Service

Terms and Service

VIVATI Clothing
CANADA
 
1-WEBSITE USE AGREEMENT
Welcome to www.vivaticlothing.com (the "Site"). Please read this agreement carefully, as it governs your use of the Site and constitutes your agreement to these terms. If you do not agree to these terms, you should not access nor use the Site. VIVATI, reserves the right to make changes to the Site and to these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the Site, you agree to accept any such changes.

Each time you use the Site you signify your acceptance and agreement to be bound by the terms as they then read.

These terms are in addition to any other agreements you may have with VIVATI including the Privacy Policy, Return Policy, and Shipping Information.

You may use the Site only if you are of the age of majority in your jurisdiction of residence and can form a legally binding agreement under applicable law.

VIVATI Clothing offers a wide line of quality products to our clientele in the fashion and clothing industry at a revolutionary price. 

As a revolutionary company in the fashion and clothing industry, our primary goal is to value our customer’s time by offering them a line of high standard products. 

Our focus is to inspire our customers to make ideal decision when shopping with us while making sure that they feel good about their appearance. In Stores, our customers will find our newest arrivals and stylish suits, tuxedos, shoes, and accessories. Mainly, our products are made in Turkey.

2-YOUR ACCOUNT
When using the Site, you will receive a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify VIVATI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You also agree to accept sole responsibility for any and all activity that occurs under your Account. VIVATI is not under any obligation to verify the actual identity of any person accessing the Site.

3-PLACING AN ORDER
Before placing an order, we will show you the item(s) selected for purchase, a description of such item(s), the price and applicable taxes, the shipping cost and any other information required by applicable laws. You understand that your order shall constitute an offer to purchase the selected item(s). Orders are not binding on VIVATI until accepted by return email confirming our acceptance of such order. Acceptance shall be subject to product availability and a valid payment.

Prices displayed on the Site are quoted in Canadian Dollars. Although VIVATI will attempt to provide accurate pricing for all items on the Site, we reserve the right to correct any errors in pricing or product information at any time, even after an order is placed. In the eventuality that you place an order for an item incorrectly priced, VIVATI may cancel such order and reverse the charges applicable to your payment.

VIVATI accepts:
1. Visa
2. MasterCard
3. American Express

We do not accept credit cards issued outside Canada and the United States.

Your name, billing address and telephone number must exactly match those on your credit card statement. This information is used as a part of the validation process of your credit card. VIVATI does not retain your credit card number following authorization by the financial institution issuing the credit card. We do retain the authorization number for the transaction in case you wish to return the purchase for a credit.

We do not collect funds from your credit card until the date we ship your merchandise to you. Orders are subject to verification and acceptance before shipping.

If your order is sent in multiple shipments (either to the same destination or to different destinations), your credit card will be charged separately for each shipment.

4-SALES TAXES
Purchases on the Site are subject to applicable taxes, just like in our stores. You may also be charged taxes on the shipping fees. For clarity, you are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associate with an order.

If you return an item for a refund, you will also receive a refund for the taxes paid on each returned item. You will not receive a refund for the taxes paid for shipping fees. Shipping fees are non-refundable unless you are returning something as a result of a shipping error.

5-CREDIT CARD SECURITY
VIVATI is very proud to offer our customers a fully secure shopping environment. VIVATI is a "VeriSign Secured" site, meaning that all credit card information and other confidential information are encrypted using SSL technology. The security of the information regarding your order is very important to us. Your credit card information will not be retained once you make a purchase.

We use the 128-bit Secure Socket Layer protocol to protect the security of your online order information. SSL technology encrypts your order information to protect it from being decoded by anyone other than VIVATI.

Once you enter the checkout page your computer will begin communicating with our server in secure mode. You can tell that you are in secure mode by the following:
• The "http" in the web address will be replaced by "https" 
• Depending on the browser, you will see a padlock in the lower/upper right section of the browser window.

Only browsers that use the 128-bit Secure Socket Layer protocol are able to order through the VIVATI website.

If you cannot access the secure server for any reason, you can place your order by calling 613-513-7359
While we implement the above and other security measures to protect your information, please note that no data transmitted over the Internet or any other public network can be guaranteed to be 100% secure.

6-SHIPPING
VIVATI shall only ship items to Canada from this site. If you wish to ship to the US or other countries additional shipping charges may apply to the original purchase price along with the appropriate currency conversion. 

Shipping addresses must be valid Canadian addresses. PO boxes are also accepted.
 
For shipping rates and conditions, please see our Shipping Information section.

7-ACCURACY & MODIFICATIONS
VIVATI prides itself in providing exclusive, quality fashion products. Availability of products on this Site may vary. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on the Site. Display of an item is not a guarantee that the item is currently in stock or that it will be available on our Site when you visit again. For any availability issues, please contact Customer Service. We will make every effort to fulfill your requests whenever possible. VIVATI will make every reasonable effort to display its products as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you see on your screen. VIVATI is not responsible for the display of any color, texture, or detail of its products on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item purchased on this Site, you can return it according to our Return Policy.

8-INTELLECTUAL PROPERTY
The Site as well as all content included on it, such as trademarks, text, pictures, designs, graphics, logos, product names, audio clips, digital downloads, data compilations, and software, is the property of VIVATI, its affiliates or is licensed to VIVATI and is protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of VIVATI and is protected by Canadian and international copyright laws. Your use of the Site does not transfer to you any ownership or other rights in the Site or its content.

The Site is available to you for your lawful use. You may copy and print hard copies of pages from this website for your personal use only for shopping on this website or for placing an order. Aside from the foregoing, you may not reproduce, publish, broadcast, post, modify, transmit, display, distribute, download, or otherwise use any content except as provided herein without the express written permission of VIVATI. The use (except as permitted herein) or misuse of the trademarks or any other intellectual property of VIVATI Clothing is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes.

When you provide feedback, data, questions, comments, or suggestions to VIVATI, you waive all rights attached to such feedback, data, questions, comments or suggestions, including their moral rights therein. VIVATI shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments, or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, VIVATI shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments, or suggestions for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and/or services incorporating such feedback, data, questions, comments or suggestions.

9-THIRD-PARTY WEBSITE
Parties other than VIVATI and its affiliates ("third party suppliers") may provide products or services on this Site. VIVATI may also provide links to the sites of third-party suppliers. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third-party supplier or the content of their Websites. VIVATI does not assume any responsibility or liability for the actions, products, or services of any such third-party supplier. Your legal rights in respect of any third-party supplier are governed by applicable laws and by any contracts, agreements or understandings which you enter into with the third-party supplier.

10-DISCLAIMER & LIMITATION OF LIABILITY
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIVATI SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE CONTENT OF THE SITE WILL BE ACCURATE, UNINTERRUPTED OR OTHERWISE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER UPON WHICH IT RESIDES ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS COMPLETELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL VIVATI, ITS AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SITE, THE MATERIALS ON THE SITE, A DELAY OR INABILITY TO USE THE SITE OR OTHERWISE ARISING IN CONNECTION WITH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

While we use reasonable efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit using the Site. Please keep this in mind when providing information through the Site. We cannot be responsible for Internet fraud or theft.


11-APPLICABLE LAWS - DISPUTE RESOLUTION
You agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of law. You agree that any claim brought against VIVATI will be brought exclusively in a court of competent jurisdiction in Province of Quebec. You do so voluntarily and are responsible for complying with all local laws.

If you choose to access the Site from any location other than Canada, you do so on your own initiative and you are solely responsible for complying with any applicable local laws. If any part of this agreement is invalid or unenforceable for any reason whatsoever under applicable law, the invalid or unenforceable provision shall be deemed severable from this agreement and shall not affect the validity or enforceability of any remaining provisions.

12-GIFT CARDS
The use of this Gift Card, issued by VIVATI, is subject to the following terms. Gift Card is only redeemable for merchandise at any VIVATI store and at vivaticlothing.com. It is not redeemable for cash, except were permitted by law. Purchases will be deducted from the Gift Card amount until the value reaches zero. Gift Card can be used in Canada and the USA and is subject to prevailing exchange rates. Card balance can be verified at any VIVATI store or at vivatishop.com. Purchase of this card is final and non-refundable. Treat this card like cash. VIVATI is not responsible for lost, stolen or unauthorized use of this Gift Card.

Online Return Policy
If a credit card was used in combination with a Gift Card, the original amount will be credited on a new Gift Card and the balance will be refunded onto your credit card.

DELIVERY TERMS

Orders will be shipped in the next 5 business days or less. 

In case of any inconvenience caused by us, we will contact you based on your membership information. That is why complete and accurate membership information is essential. Deliveries are not made on weekends or holidays. The entire deliveries will be delivered at your door via the logistic company we agreed with.

A confirmation of your order will be sent to your e-mail address.

SALES CONTRACT

SELLER’S INFORMATION

Title: VIVATI Clothing
GLOUCESTER CENTRE MALL
1980 Ogilvie Rd. Gloucester ON K1J9L3
Phone: 613 513 7359
E-mail: vivatisolutions@gmail.com


PURCHASER’S INFORMATION

Name/Surname/Title:
Address:
Phone:
E-mail:


The purchaser accepts, declares, and undertakes that he/she reads and understands the basic specifications of the contractual product, its price, payment term, and the preliminary information about the delivery on the official website of the seller and confirms in the electronic environment. The fact that the purchaser confirms the Preliminary Information Form in the electronic environment before the distance contract means that the purchaser accepts, declares, and undertakes that it obtains the address, the basic specifications of the ordered products, the price of the products including tax, and payment and delivery information completely and accurately.

Each product, which is subjected to the contract, shall be delivered to the purchaser, the customer, or the organization in the address indicated in a period depending on the distance of the purchaser determined in the preliminary information on the website without exceeding the legal period, which is 30 days. Unless the product is delivered to the PURCHASER in the given time, the PURCHASER reserves the right to terminate the contract.

The SELLER accepts, declares and undertakes that it shall deliver the contractual product in full, in accordance with the specifications specified in the order, including the warranty documents and manual (if any), it shall execute the business in accordance with the principles of accuracy and honesty with the information and documents in accordance with the standards and complying with all applicable laws and regulations free and clear of all defects, it shall maintain and enhance service quality and to show due diligence and attention during the execution of business and it shall act delicately.

The SELLER acknowledges, declares, and undertakes that in case the SELLER cannot fulfill the obligations of the contract, it shall inform the consumer in three (3) days in written and it shall return the total cost to the PURCHASER within the 14 days.

The PURCHASER agrees, declares, and undertakes that the PURCHASER shall return the product subjected to the contract to the SELLER in 3 days (the shipment fee is covered by the SELLER) in case that the price of the product is not paid by the relevant Bank or Financial institution to the SELLER due to the unfair use of the SELLER’s credit card by unauthorized persons after the delivery of the product to the PURCHASER, seller, or organization in the address indicated by the PURCHASER. 

The SELLER agrees, declares, and undertakes that The SELLER shall notify the PURCHASER if the SELLER cannot deliver the product within the specified period due to unbearable situations arising beyond the control of the parties, which cannot be foreseen and situations hindering and/or delaying the execution of the liabilities of the parties. The PURCHASER shall also have the right to demand from the SELLER the cancellation of the order, the replacement of the product with its equal, if any, and/or delay of the delivery until the elimination of the situation hindering the delivery. If the order is canceled by the PURCHASER, in the payments made by the PURCHASER in cash, the amount of the product will be paid in cash and in advance within 14 days.

In the payments made by the PURCHASER with credit card, the amount of the product is returned to the relevant bank within 14 days after the PURCHASER cancels the order. The PURCHASER agrees, declares, and undertakes that it takes 2-3 weeks to transfer the money (that is returned by the SELLER to the credit card account) to the PURCHASER’s account by the bank, it is completely concerning the bank transactions to transfer of the money to the PURCHASER’s account and the PURCHASER cannot regard the SELLER as responsible for the probable delays. 

Return Policy

Returns are not acceptable out of Canada and USA since the custom and shipping expenses are high. If the erroneous or defective item is delivered, the item can be returned with the original tags and labels on it, if you confirm to bear custom and shipping cost. For any other reasons, returns will not be accepted. Items will be double-checked, and erroneous or defective items will not be delivered.

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